Morning Sentinel
Planner warns against relinquishing control of Mayflower Hill Drive to Colby
BY MORNING SENTINEL STAFF Kennebec Journal & Morning Sentinel 05/06/2008

WATERVILLE -- Planning Board Chairman David Geller has a big problem with the city's handing control over part of Mayflower Hill Drive to Colby College.

The public uses the road through campus to get from one part of town to the other; police, fire and rescue workers use it in emergencies, and it is a convenient road for residents in the area, Geller says.

Colby owns the land but the city has a public easement across it. Colby wants the city to give up that easement so it can rebuild the road, which is in poor shape.

The city council tonight is scheduled to take a first of three needed votes to discontinue that part of the road -- about a half-mile -- thereby giving up the right to public access. If the council approves the plan, the college could not physically close the road to traffic for seven years, but it could immediately prohibit the public from using it, Geller says.

"I don't know if they will shut the road off to the public, but they could -- immediately," he said.

As part of the plan, Colby and the state Department of Transportation would pitch in money to fix Lincoln Street/Chase Avenue and Pleasant Street -- three roads in very bad shape.

Colby plans to spend $5 million to $7 million to rebuild Mayflower Hill through the campus, complete with features to slow traffic and make the road safer.

While the Planning Board has no say in the matter, City Manager Michael Roy met with planners Monday night to answer questions and help them understand the plan.

Geller, a lawyer, said the agreement between Colby, the city and state says Colby will not close the road to the public for seven years and if it decides to close it after seven years, it would give the city and state a year to work on alternative plans. Yet, if councilors vote to discontinue the road now, the public immediately could be denied access.

Colby President William Adams assured residents March 12 that the college would not invest millions of dollars into a road it intends to close in seven years. But Geller said if Colby has no plans to close it to the public, that language should be in the agreement.

"I've got to take it at face-value," he said. "If they're saying they're never going to close it, why leave that option open? A contract is only as valid as the words used to write it."

He likened the situation to a gated community in Florida where the general public is not allowed to go past the gate, to access a privately-owned road. If councilors approve the plan, Colby could legally build a gatehouse at the entrance to campus on Mayflower Hill and request people show identification to enter.

"I'm not saying they're going to do that right away, but they could," he said.

He also questioned the agreement between Colby, the city and state that indicates Pleasant Street could take up any traffic that might need to be diverted from Colby.

Roy cited several reasons why Colby would not close the road to the public, including that police, fire and rescue workers need access; the college is putting up to $7 million into it; many people who work on campus use the road; and Mayflower Hill is the gateway to the campus.

"Washington Street will never be the gateway; North Street is not the gateway," Roy said.

He said closing the road to the public would further isolate the college from the community and undo the ties that have been forged over the last 20 years.

But he acknowledged Geller's point that, after councilors vote to discontinue part of the road, the public has no legal right to use it. If the road ever became closed to the public he would be the first person in line to argue against it, he said.

"But there's nothing we can do," Geller said.

"Oh, I think public pressure could be exerted," Roy replied.

Planner Marc Chadbourne agreed with Geller that there's no guarantee the public will not be barred from using the road.

"I think it's a little jumpy for the city to agree with this without some thorough thought process study," he said.

Planner Eliza Mathias said discussion about closing the road has been going on for 15 years. She said she didn't think asking the college for assurance the road will remain open is an unusual request.

Amy Calder -- 861-9247

acalder@centralmaine.com

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